If you have been arrested for false imprisonment in Ocean County it is imperative that you speak to an experienced criminal defense attorney as soon as possible. The vast majority of false imprisonment charges that occur within Ocean County stem from some form of a domestic dispute between loved ones. More often than not, when someone charge with false imprisonment, they also is tends to be facing harassment, terroristic threats, stalking or simple assault charges as well. Furthermore, there is a very good chance that the individual could be served with a temporary restraining order as well. That is why we strongly recommend that if you or a loved one has found yourself in this situation that you speak to an experienced criminal defense attorney as soon as possible. Based on the very nature of the charges, if the incident is classified as an act of domestic violence, there is a very good chance that the individual could be detained in the Ocean County jail for at least 48 hours so that pretrial services can do a case review. To speak to one of our Ocean County criminal defense attorneys about your options immediately, please contact our Point Pleasant office at 848-238-2100.
Proetta & Oliver defends those accused of not only false imprisonment but harassment, aggravated assault, trespassing, burglary, criminal restraint, unlawful possession of a weapon and criminal mischief in courts throughout Ocean County. Our attorneys are dedicated to making sure that our clients rights are fully protected throughout their cases. We believe that regardless of the nature of the charges, our clients deserve continuity when it comes to their attorney. If you would like to speak to one of our attorneys about your options then please contact us at 848-238-2100. We appear in courts throughout Ocean County, including courts in towns like Lakewood, Brick Township, Seaside Heights, Point Pleasant, Lacey, Toms River, Lakehurst, Tuckerton, Seaside Park and Berkeley.
Charged with False Imprisonment in Toms River NJ?
When it comes to false imprisonment offenses in New Jersey, it does not take much for someone to be charged. False imprisonment is a lesser included offense of criminal restraints and criminal restraints is a lesser included offense of kidnapping. So, it does not take much for a bad situation to quickly turn into a nightmare. Kidnapping is one of the most serious offenses under the New Jersey criminal code. The crime in false imprisonment basically seeks to prosecute anyone who is alleged to have restrained another’s liberty. Basically forbidding that person from doing something.
To be convicted of this offense, the prosecution must prove the following elements:
That the Defendant restrained the victim;
That the restraint was against the victim’s will;
That the restraint by the Defendant substantially interfered with the victim’s liberty; &
The Defendant was aware of what they were doing when they restrained the victim.
The key to defending this statute more often than not is seeking to attack either the restraint or the unlawfulness of the restraint. Restraint has been defined as any confinement, abridgment or limitations on the victim. With regards to a the unlawfulness, it will be considered an affirmative defense that the victim was a child less than 18 years old and the Defendant was a relative and/or legal guardian that was simple trying to control the child. For more information on false imprisonment and how to defend the charges, please contact our office at 848-238-2100.
Can I Go to Jail for False Imprisonment in Ocean County NJ?
Possibly. False Imprisonment is a disorderly persons offense in New Jersey. That means that is similar to what most people commonly referred to as a misdemeanor. If convicted of a disorderly persons offense in your local municipal court, you will be subject to penalties that include: six (6) months in the Ocean County Jail, a $1,000 fine, probation, a no contact order and a criminal record.
False Imprisonment Attorneys in Toms River NJ
If you have been summonsed into court to defend false imprisonment, harassment, disorderly conduct, resisting arrest, burglary charges or served with a restraining order in Ocean County, the Law Offices of Proetta & Oliver can help. Our office takes a tremendous amount of pride in making sure that we aggressively challenge the evidence presented against our clients. We are fully aware of what a criminal conviction can do to someone’s life. If you would like to speak to one of our criminal defense attorneys about your options, then please contact us at 848-238-2100. We serve all of Ocean County, including towns like Ocean Gate, Stafford, Lacey, Beach Haven, Toms River, Jackson, Manchester, Little Egg Harbor, Plumsted and Long Beach Township.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.